The state's Supreme Court ruled that while Sullivan's Island does have the right to ban smoking, it can't make breaking the ordinance a criminal act.

The court said in a written opinion:
Town’s ordinance imposes a fine of $500 and/or thirty days in jail. Appellants contend the ordinance is invalid because it criminalizes conduct that is not illegal under State law. We agree.

Read more stories on what's going on with area smoking bans in our smoking ban topic page.The town plans to keep the ban but enforce only a civil penalty with a much lower penalty.

Back in March the court ruled that towns have the right to impose smoking bans.